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The permanent staff of the ATA can accept annual substitutions in schools (as of 30.06 or 31.08) as a result of art. 59 of the CCNL 2007 school.
An attentive reader of ours asks us if a permanent school collaborator can accept a substitution until 31.12 as IT AT in preschool and in the first cycle of education in accordance with the emergency contingent provided by the Decree of the Minister of Education of August 19, 2020, n. 104.
The question:
The permanent collaborators of the school may accept assignments according to art. 59 of the fixed-term institute rankings on covid staff? Thank you
by Giovanni Calandrino – Unfortunately, the aforementioned decree foresees fixed-term contracts only for the months of September, October, November and, in any case, no later than December 31, 2020. Therefore, it is not possible to apply art. 59 for the acceptance of these non-annual substitutes. The art. 59, in fact, states that “ATA staff may accept, within the school sector, fixed-term contracts of duration not less than one year, keeping office property uncontrolled for a total of three years”.
Something very different for the places assigned last year. Topic covered in the guide ATA, substitutes for Technical Assistant in first cycle schools also for permanent staff, where it was possible to apply the principle of art. 59 because seats until 30.06.2020
What would happen if these substitutes until 12.31 were extended until 06.30?
In this case, the type of substitute would change and the permanent staff could benefit from art. 59.
But how could it be applied if substitutes have already been assigned?
Should the ranking be revised to identify the new staff to be called or would existing contracts be extended, creating unequal treatment, with the de facto exclusion of permanent school collaborators?
In the author’s opinion, given the exceptional nature of the procedure, it would be convenient to repeal the “annual” provision provided for in art. 59 in order to also call permanent staff in AT positions as of 12.31.2019.
MIUR is asked to pay attention to this case so as not to create future disparities in treatment. It will undoubtedly be a topic of interest to the social partners.
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